What is a “failure to repair” defense to a product liability claim?

A “failure to repair” defense to a product liability claim exists in New York. This claim means that the defendant can potentially be held liable for failing to repair a product that was known to be defective. The defense must show that the manufacturer or seller knew about the defect and failed to repair it or address the issue in a timely manner. The defense must also demonstrate that the injury or damages suffered by the plaintiff were caused by the manufacturer’s or seller’s failure to repair the product. For example, if a defect was present on a vehicle and the manufacturer or a seller of the vehicle failed to repair it, the owner of the vehicle could file a lawsuit against the manufacturer or seller on the grounds of a “failure to repair” defense. The owner could seek compensation for any damages or injuries that resulted from the manufacturer’s or seller’s negligence. In order to prove a “failure to repair” defense, the plaintiff must show that the manufacturer or seller was aware of the defect and failed to fix it in a timely manner. Additionally, the plaintiff must demonstrate that the defect was the direct cause of the injury or damages sustained by the plaintiff. It is important to note that the defendant may be able to successfully prove that the plaintiff was comparatively negligent if the plaintiff knew of the product’s defect and still used it, which could decrease the overall amount of compensation received by the plaintiff.

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What is a “failure to repair” defense to a product liability claim?

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